State of Washington 



Horticultural Laws 



OF THE 



State of Washington 



Chapter 166, Session Laws 1915 




OLYMPIA. 
FRANK M. I^MBORN a^^^ PUBLIC PRINTER 
1915 



CHAPTER 166. \H^'W\^ 



[H. B. 74.] . \ 

An Act relating to horticulture and horticultural plants and 
products and the protection thereof, prescribing certain rules 
of evidence, requiring certain contracts to be in writing, au- 
thorizing the levy and collection of taxes for horticultural 
purposes, providing for the enforcement of the provisions 
hereof by writs of mandate and injunction, authorizing coun- 
ties and municipalities to aid in the enforcement hereof, vali- 
dating certain expenditures heretofore made for the protec- 
tion of horticultural interests, providing penalties for viola- 
tions of this act and methods of collecting the cost of enforc- 
ing the same in certain cases, repealing sections 3075, 3079, 
3080, 3083 to 3110 inclusive; 3113, 3115, 3116, 3117, 3119, 3120, 
3122 to 3127 inclusive; 3131 and 3134 to 3139 inclusive of Rem- 
ington and Ballinger's Annotated Codes and Statutes of "Wash- 
ington, and declaring this act shall take effect immediately. 

Be it enacted hy the Legislature of the State of Washington: 
Section 1. That the term "Commissioner" whenever 
used in this act shall be held and construed to mean the 
commissioner of agriculture of the State of Washington, 
and the term "assistant commissioner" and "assistant" 
shall be held and construed to mean the assistant commis- 
sioner of agriculture for the division of horticulture; the 
term "horticultural inspector" and the term "inspector" 
wherever used in this act shall be held and construed to 
mean an inspector of the department of^ agriculture, as- 
signed to the division of horticulture ; the term "nursery 
stock" wherever used in this act shall be held and con- 
strued to mean and include fruit trees, fruit tree stock, 
nut trees, grape vines, fruit bushes, rose bushes, rose stock, 
forest and ornamental trees and shrubs (both deciduous 
and evergreen), florists' stock, and cuttings, scions and 
seedlings of fruit or ornamental trees or shrubs, and all 
other fruit bearing plants and parts thereof and plant 
products for propagation or planting; the term "infect" 
and its derivatives "infecting," "infected" and "infection," 
wherever used in this act shall be held and construed to 
mean and include being affected by or infested with the dis- 



DEC 16 IS19 



3 

ease or insect pests to which horticultural plants and pro- 
ducts are subject and which are required to be guarded 
against, controlled, cured, removed, and eradicated as in 
this act provided ; the term "disinfect" and its derivatives 
shall be held and construed to mean and include the cure, 
removal or eradication of such diseases or pests by cutting 
and destroying the infected parts, or the application of 
fungicides or insecticides specified in this act or such other 
effective solutions or emulsions as may be discovered by sci- 
ence and specified and described in the bulletins issued by 
the commissioner of agriculture, and the term "person" 
wherever used in this act, shall be held and construed to 
mean and include individuals, partnerships, associations, 
joint stock companies and corporations. 

Sec. 2. The commissioner of agriculture shall have 
the power and it shall be his duty : 

(a) To exercise a general supervisory and directory 
control over the horticultural interests of the state : 

(b) To arrange for and hold meetings for the discus- 
sion and dissemination of information as to horticultural 
subjects and for the demonstration of methods of prevent- 
ing diseases of and pests injurious to horticultural plants, 
fruits and vegetables, and of curing and removing the same: 

(c) To publish and distribute circulars and reports 
upon horticultural subjects, the pests affecting and the dis- 
eases of fruit trees, vines or bushes, ornamental trees or 
shrubbery, horticultural plants, fruits, vegetables and nur- 
sery stock, and the means and methods of controlling, 
curing, removing, eradicating and disinfecting for such 
diseases and pests : 

(d) To issue licenses to nurserymen and dealers in nur- 
sery stock and their agents, salesmen and solicitors and 
revoke the same for violations of or failure to comply with 
this act, and to keep in his office a record of all licenses 
issued, showing the character of the license, name and 
address of the holder, the date of issue and the date of ex- 
piration or revocation : 



(e) To furnish to the board of county commission- 
ers of each county, annually, on or before September 1, 
an estimate of the expenses for the ensuing year of in- 
specting and disinfecting orchards, vineyard, berry farms, 
vegetable farms and nurseries, and packing houses, ware- 
houses, store-rooms, depots, docks and other places where 
fruits, vegetables or nursery stock are grown, packed, 
stored, shipped or held for shipment or delivery or offered 
for sale within said county ; 

(f) To appoint inspectors to enforce and carry out 
the provisions of this act, which inspectors may be of two 
classes, inspectors at large and local inspectors : Provided, 
That not more than twenty inspectors at large shall be 
appointed. 

(g) The commissioner may also in his discretion ap- 
point any officer or member of any local fruit protective 
association to act as inspector, vested with power only to 
enter premises and inspect orchards and report to the 
inspector-at-large. Such inspectors shall receive no com- 
pensation for services and shall not be required to take 
the regular examination required of inspectors-at-large 
and local inspectors. 

(h) To make, adopt, issue and publish from time to 
time and enforce general rules and regulations governing 
the grading and packing of apples, and other fruits. 

The commissioner of agriculture, and' under his direc- 
tion and control the assistant commissioner and the horti- 
cultural inspectors, shall have the power and it shall be 
their duty : 

(a) To enforce the provisions of this act and all laws 
relating to horticultural interests : 

(b) To inspect orchards, vineyards, berry farms, vege- 
table farms, nurseries, fruit trees, vines or bushes, orna- 
mental trees or shrubbery, horticultural plants, fruits, 
vegetables, nursery stock and horticultural supplies, and 
packing bouses, dry houses, warehouses, store-rooms, de- 
pots, docks, cars, vessels and other places where fruits, 
vegetables or nursery stock are packed, stored, shipped or 
held for shipment or delivery or offered for sale, and other 



1 



property liable to be infected with any disease or pest in- 
jurious to horticulture, and to require the disinfection of 
all such property and premises found to be infected and 
for that purpose shall have free access to such property 
and premises at all times. 

(c) To inspect and examine orchards, vineyards, nur- 
series, berry farms, vegetable farms, fruits, vegetables, 
nursery stock and all other horticultural plants and prod- 
ucts, at the request of the owner thereof for the purpose 
of discovering the existence of any disease or pest, and 
to report to the applicant the result of such investigation 
and prescribe proper remedies ; 

(d) To disinfect orchards, vineyards, berry farms, 
nurseries, fruit trees, vines and bushes, ornamental trees 
and shrubbery, horticultural plants, fruits, vegetables and 
nursery stock, and packing houses, dry houses, ware- 
houses, store-rooms, depots, docks, cars, vessels and other 
places where nursery stock, fruits or vegetables are packed, 
stored or shipped or held for shipment or delivery or 
offered for sale, in case the owner or person having the 
same in charge shall neglect or refuse so to do, after no- 
tice ; and in case any infected fruit trees, vines or bushes, 
ornamental trees or shrubbery, horticultural plants, fruits, 
vegetables or nursery stock cannot be successfully disin- 
fected to condemn and destroy the same or cause the same 
to be destroyed ; 

(e) To require all partially infected fruit, vegetable 
and nursery stock shipments to be sorted and repacked 
and, in case the owner or person having charge of the 
same shall neglect or refuse so to do after notice, to con- 
demn and destroy the same; 

(f) To issue certificates of inspection to hcensed nur- 
serymen and dealers in nursery stock, on stock inspected 
and approved. 

Skc. 3. Inspectors-at-large may be assigned to duty 
ni one or more counties and transferred from one county to 
another in the discretion of the commissioner, and their 
salaries, compensation and actual and necessary traveling 



6 

expenses shall be paid by warrants drawn upon the state 
treasurer by the state auditor upon vouchers signed and 
verified under oath by such inspectors and countersigned 
by the commissioner or the assistant commissioner. In 
addition to inspectors-at-large the commissioner shall, 
whenever the board of county commissioners of any coun- 
ty by resolution request it, appoint such number of local 
inspectors and for such length of time as such resolution 
shall specify and assign them to duty in such county. The 
salaries, not to exceed four dollars per day, and actual and 
necessary traveling expenses, within the county, of all 
local inspectors shall be paid out of the current expense 
fund of their respective counties upon vouchers signed and 
verified under oath by such inspectors and approved by the 
commissioner or the assistant commissioner, and the county 
auditor shall issue warrants therefor upon the said county 
fund. All local inspectors shall be under the direction and 
control of the commissioner of agriculture and the assist- 
ant commisisoner. In case any inspector is dismissed from 
the service or transferred to another place, or to other 
duties, any qualified inspector or officer of the agricultural 
department may continue or complete any work or per- 
form any duty initiated by such dismissed or transferred 
oflScer. 

Sec. 4. It shall be the duty of every, person owning, 
leasing or occupying any land or premises on which there 
is or shall be growing, grown or situate any nursery stock, 
fruit trees, vines or bushes, shade trees, ornamental trees 
or shrubbery, or any horticultural plants, and of the owner 
or lessee of any such nursery stock, trees, fruit trees, vines, 
bushes, shrubbery or plants growing or situate on prem- 
ises leased or occupied by him, and of the owner of any 
such nursery stock, trees, fruit trees, vines, bushes, shrub- 
bery or plants growing, situate or being at any place 
within the State of Washington, for sale or delivery, and 
of every grower, shipper, commission merchant, consignee, 
dealer in and person in charge of any nursery stock, fruit 
or vegetables about to be shipped, or shipped, or held for 



delivery or offered for sale, to take and use sufficient meth- 
ods and means for the prevention of infection by all pests 
and diseases to which such nursery stock, trees, fruit trees, 
vines, bushes, shrubbery, plants, fruits or vegetables may 
be subject, and to keep the same free from disease and 
pests, and, in event it is found that any such nursery 
stock, trees, fruit trees, vines, bushes, shrubbery, plants, 
fruits or vegetables are infected with any disease or pest, 
to promptly take and use effective means to control, cure, 
remove, eradicate and disinfect for the same, and in case 
such nursery stock, trees, fruit trees, vines, bushes, shrub- 
bery, plants, fruits or vegetables cannot be successfully 
disinfected, to promptly destroy the same, and it shall be 
the duty of every owner and of the lessee of any prem- 
ises upon which there are growing any infected fruit, fruit 
trees, shade or ornamental trees, vines or bushes, to thor- 
oughly spray the same with a proper solution or emulsion 
or otherwise disinfect the same for the control, cure or 
removal of such infection. 

Sec. 5. The pests injurious to and diseases of nursery 
stock, fruit trees, shade trees, ornamental trees and shrub- 
bery, horticultural plants, fruit and vegetables to be 
guarded against, controlled, treated, removed, eradicated 
and disinfected for, as in the next preceding section pro- 
vided, shall be all bacterial diseases, including fire blight 
of apple, pear and quince, crown gall or root gall, and 
hairy root ; all fungus diseases, including black spot can- 
ker, pear scab, apple scab, apple powdery mildew, peach 
leaf curl, peach mildew, brown r.ot of peach, cherry and 
prune, chestnut blight, potato wart, powdery scab of po- 
tato and peach twig blight ; all insect pests, including 
chewing insects, such as bud moth, peach twig borer, 
caterpillars, pear slug, flat-headed borer, round-headed 
borer, imported cabbage worm, potato tuber moth, potato 
nematode or eel worm, Mediterranean fruit fly, lesser apple 
worm, tussock moth, gypsy moth, brown tail inoth, cod- 
dling moth, and the larva of any thereof, and sucking in- 
sects, such as San Jose scale, scurfy scale, oyster shell 



8 

bark louse, aphids, pear leaf blistermites and red spider, 
and such other bacterial and fungus diseases and insect 
pests as may be identified by science and specified and de- 
scribed as injurious to horticulture in the circulars to be 
issued from time to time by the commissioner of agricul- 
ture. 

The methods and means required to be used for the pre- 
vention, control, removal, eradication and cure of the dis- 
eases and pests above specified, shall be as follows : For 
bacterial diseases, eradication by the removal and destruc- 
tion of the infected plant or part thereof, care being taken 
to disinfect all tools used in such removal to prevent the 
spread of the infection or by any other methods that shall 
have been approved by the insecticide and fungicide board; 
for fungus diseases, control or cure by spraying with effec- 
tive fungicides, such as bordeaux solution, lime-sulphur 
solution, sulphide of iron or other effective fungicides ; for 
chewing insect pests, control or removal by spraying with 
effective insecticides, such as arsenate of lead solution 
and arsenite or zinc solution ; for sucking insect pests, con- 
trol or removal by spraying with effective insecticides such 
as lime-sulphur solution, crude oil emulsion, tobacco solu- 
tion, distillate oil emulsion, kerosene emulsion, soap solu- 
tion, and sulphur solution, or combinations thereof; and 
for fungus and insect pests, control, cure or removal by 
spraying with such other effective solutions and emulsions 
as may be discovered by science and specified and described 
in the circulars issued by the commissioner of agriculture. 

Sec. 6. There is hereby created a board to be known 
as the state insecticide and fungicide board, which board 
shall consist of the commissioner of agriculture or the as- 
sistant commissioner, the director of the agricultural ex- 
periment station at Pullman and three members of the agri- 
cultural experiment station to be appointed by the director, 
one of whom shall be an entomologist, one a plant patholo- 
gist and one a chemist. It shall be the duty of the said 
board to analyze and report upon any insecticides and 
fungicides offered for sale to be used in the control and re- 



9 

moval of insect pests and fungus and bacterial diseases 
to which horticultural plants are subject. It shall be the 
duty of all horticultural inspectors to from time to time 
procure and submit to such board samples of such insecti- 
cides and fungicides offered for sale. 

Sec. 7. It shall be unlawful for any person to offer for 
sale in the State of Washington any horticultui'al insecti- 
cide or fungicide which is adulterated or misbranded with- 
in the meaning of this act. The term "insecticide" as used 
in this act shall include any substance or mixture of sub- 
stances intended to be used for preventing, destroying, re- 
pelling, or mitigating any insects which may infest vege- 
tation. The term "Paris green" as used in this act shall 
include the product sold in commerce as Paris green and 
chemically known as the aceto-arsenite of copper. The 
term "lead arsenate" as used in this act shall include the 
product or products sold in commerce as lead arsenate and 
consisting chemically of products derived from arsenic acid 
(H3As04) by replacing one or more hydrogen atoms by 
lead. That the term "fungicide" as used in this act shall 
include any substance or mixture of substances intended 
to be used for preventing, destroying, repelling, or miti- 
gating any and all fungi that may infest vegetation or be 
present in any environment whatsoever. 

Sec. 8. That for the purpose of this act an article 
shall be deemed to be adulterated — 

In the case of Paris green : First, if it does not contain 
at least fifty per centum of arsenious oxide ; second, if it 
contains arsenic in water-soluble form equivalent to more 
than three and one-half per centum of arsenious oxide; 
third, if any substance has been mixed and packed with it 
so as to reduce or lower or 'injuriously affect its quality 
or strength. 

In the case of lead arsenate : First, if it contains more 
than fifty per centum of water ; second, if it contains total 
arsenic equivalent to less than twelve and one-half per 
centum of arsenic oxid (As205) ; third, if it contains ar- 
senic in water-soluble form equivalent to more than seven- 



10 

ty-five one hundredths per centum or arsenic oxid (As205) ; 
fourth, if any substances have been mixed and packed with 
it so as to reduce, lower, or injuriously affect its quality 
or strength: Provided, however. That extra water may be 
added to lead arsenate (as described in this paragraph) 
if the resulting mixture is labeled lead arsenate and water, 
the percentage of extra water being plainly and correctly 
stated on the label. 

In the case of insecticides or fungicides, other than 
Paris green and lead arsenate: First, if its strength or 
purity fall below the professed standard or quality under 
which it is sold ; second, if any substance has been sub- 
stituted wholly or in part for the article ; third, if any 
valuable constituent of the article has been wholly or in 
part abstracted ; fourth, if it is intended for use on vege- 
tation and shall contain any substance or substances 
which, although preventing, destroying, repelling, or miti- 
gating insects, shall be injurious to such vegetation when 
used. 

That the term "misbranded" as used herein shall apply 
to all insecticides, Paris green, lead arsenates, or fungi- 
cides, or articles which enter into the composition of in- 
secticides or fungicides, the package or label of which 
shall bear any statement, design, or device regarding such 
article or the ingredients or substances contained therein 
which shall be false or misleading in any particular, and 
to all insecticides, Paris greens, lead arsenates, or fungi- 
cides which are falsely branded as to the state, territory, 
or country in which they are manufactured or produced. 

That for the purpose of this act an article shall be 
deemed to be misbranded — 

In the case of insecticides, Paris greens, lead arsenates, 
and fungicides: First, if it be an imitation or offered for 
sale under the name of another article ; second, if it be 
labeled or branded so as to deceive or mislead the purchaser, 
or If the contents of the package as originally put up shall 
have been removed in whole or In part and other contents 
shall have been placed In such package; third. If in pack- 



11 

age form, and the contents are stated in terms of weight 
or measure, they are not plainly and correctly stated on 

the outside of the package. 

In the case of insecticides (other than Paris greens and 
lead arsenates) and fungicides: First, if it contains ar- 
senic in any of its combinations or in the elemental form 
and the total amount or arsenic present (expressed as per 
centum of metalhc arsenic) is not stated on the label; 
second, if it contains arsenic in any of its combinations or 
in the elemental form and the amount of arsenic in water- 
soluble forms (expressed as per centum of metallic arsenic) 
is not stated on the label ; third, if it consists partially or 
completely of an inert substance or substances which do 
not prevent, destroy, repel, or mitigate insects or fungi 
and does not have the names and percentage amounts of 
each and every one of such inert ingredients plainly and 
correctly stated on the label: Provided, however. That in 
lieu of naming and stating the percentage amount of each 
and every inert ingredient the producer may at his dis- 
cretion state plainly upon the label the correct names and 
percentage amounts of each and every ingredient of the 
insecticide or fungicide having insecticidal or fungicidal 
properties, and make no mention of the inert ingredents, 
except in so far as to state the total percentage of inert 
ingredients present. 

Sec. 9. The commissioner of agriculture, the assistant 
commissioner and all horticultural inspectors are author- 
ized and empowered to at any time enter upon any prem- 
ises where any nursery, orchard, vineyard, berry farm or 
vegetable farm is situate or whereon any nursery stock, 
fruit trees, shade trees, ornamental trees or shrubbery or 
horticultural plants are growing, or upon any premises or 
into any building, packing house, dry house, warehouses, 
store-room, depot, dock, car, vessel, or other place wherein 
any nursery stock, fruits, vegetables, or horticultural 
products are situate, being prepared or packed for ship- 
ment, stored, shipped, held for shipment or for delivery 
upon any shipment or sale, or offered for sale for the pur- 



12 

pose of examining and inspecting such premises or prop- 
erty to ascertain whether the same or any thereof are in- 
fected, and it shall be unlawful for any person to hinder 
or prevent or to attempt to hinder or prevent any such 
officer from entering such premises or inspecting such 
premises or property or performing any duty required by 
this act. 

Sec. 10. In case the officer making the inspection pro- 
vided for in the preceding section shall find that the prem- 
ises or property inspected is infected, he shall condemn 
the same and serve upon the owner or upon the person hav- 
ing possession or charge of said premises or of said prop- 
erty a notice in writing that the same is condemned and 
ordering the disinfection of any and all thereof which is 
capable of disinfection and the destruction of such prop- 
erty as is incapable of disinfection, which notice shall 
describe the premises or property ordered to be disinfected 
or destroyed with reasonable certainty and shall specify 
the time within which the same shall be so disinfected or 
destroj^ed ; and shall give notice that unless the premises 
or property ordered disinfected or destroyed is disinfected 
or destroyed as directed, in the manner and within the time 
specified in said notice, the same will be done by the officer 
giving the notice and the expense thereof charged against 
the premises and the owner of said premises or property. 
In case said premises or property is in the possession or 
charge of any person upon whom service can be made, 
the officer making the inspection shall serve a copy of such 
notice upon such person and, in case the premises or prop- 
erty is in possession or charge of any other person than 
the owner thereof, or service cannot be had upon any per- 
son in possession or charge thereof, the officer shall serve 
said notice upon the owner of said premises or property by 
mailing or telegraphing him a copy thereof, if his name or 
postoffice address are known to the officer or can with 
reasonable diligence be ascertained. In case personal serv- 
ice of said notice cannot be had upon any person in pos- 
session or charge of said premises or property and the 



13 

name and address of the owner of such premises or prop- 
erty are not known and cannot with reasonable dih'gence 
be ascertained, said notice shall be served by posting the 
same in a conspicuous place upon the premises where the 
property to be disinfected or destroyed is situated, as the 
case may be. In case the name and postoffice address of 
the owner are not known and cannot with reasonable dili- 
gence be ascertained and in the absence of fraud and gross 
neglect, service of such notice upon the person in possession 
or charge of said premises or property shall be construed 
to be substituted personal service upon the owner, and, in 
case service of such notice upon a person in possession or 
charge of such premises or property cannot be had and the 
name and post office address of the owner is not known 
and cannot with reasonable diligence be ascertained and 
in the absence of fraud and gross neglect, such posting 
of the notice upon the premises sha'll be construed to be 
constructive personal service upon the owner of such 
premises or property. Upon the giving of such notice as 
hereinabove provided it shall become and be the duty of the 
owner and person having possession or charge of the prem- 
ises or property described in the notice to, within the time 
specified in said notice, disinfect said premises or disinfect 
or destroy said property, as the case may be: Provided, 
That in the case of nursery stock, fruit or vegetables about 
to be shipped or any shipment thereof, or which is offered 
for sale, or held for the purpose of delivery upon any ship- 
ment or sale thereof, if the officer making the inspection 
shall find that only a part thereof is so affected that it 
cannot be successfully disinfected, he shall state in such 
notice that the owner or pe"rson in charge thereof has the 
privilege of separating the same into two or more of the 
following classes, to-wit, such as does not need disinfection, 
such as can be successfully disinfected, and such as cannot 
be successfully disinfected, and in such cases it shall be the 
duty of the owner and person in charge of such" property 
to, within the time specified in said notice, disinfect such 
nursery stock, fruit or vegetables as can be successfully 



14 

disinfected and destroy such as cannot be successfully dis- 
infected : And provided, further. That in the case of fruit 
or vegetables that cannot be successfully disinfected the 
inspector may grant the owner or person in charge there- 
of the privilege of manufacturing the same into by-prod- 
ucts or of shipping the same to a by-product factory and 
issue a permit in writing so to do, and in such case it shall 
be unlawful for the person receiving such permit to sell or 
dispose of such infected fruit Avithout having first manu- 
factured the same into a by-product or shipped the same 
to a by-product factory, or to divert any such shipment 
when made, and it shall be unlawful for the consignee of 
any fruit or vegetables shipped to a by-product factory, 
to sell or dispose of the same without first manufacturing 
it into a by-product. It shall be unlawful for any person 
to ship, deliver, sell, barter, give away or otherwise dispose 
of or part with the possession of any nursery stock, fruit 
or vegetable which has been found infected and condemned 
until all of the requirements of said notice and order have 
been complied with, and permission given in writing so 
to do by an inspector. 

Sec. 11. In case the owner or person in charge of any 
premises or property required to be disinfected or de- 
stroyed as in the previous section provided, shall fail or 
neglect to comply with the notice within the time specified 
therein, the officer giving the notice shall have the right 
and it shall be his dutv to enter upon the premises to be 
disinfected or where the personal property required to be 
disinfected or destroyed is situated and perform the acts 
required in such notice, or cause the same to be performed 
at the cost and expense of the owner of such premises or 
property as the case may be. The oflBcer shall keep an 
accurate account of such cost and expense and the same 
shall be a lien upon the premises or personal property so 
disinfected, which lien may be enforced by the methods 
hereinafter provided. The liens in this section provided 
for shall in the case of personal property have precedence 
over all other liens. 



15 

Sec. 12. The officer disinfecting any personal prop- 
erty may, in case the owner or person in charge shall not 
pay such cost and expense, impound and sell such prop- 
erty to enforce the lien of the state and collect such cost 
and expense. The officer impounding personal property as 
above provided shall give notice in writing that the prop- 
erty is impounded which notice shall describe the property 
with reasonable certainty, state where the same is im- 
pounded, specify the amount of costs and expenses charged 
against it and state that unless the charges are paid within 
a time specified in said notice the property will be sold to 
satisfy the charges against it and the transportation and 
storage charges accrued, if any, and the cost of making 
the sale. The officer giving such notice shall post it in a 
conspicuous place upon the premises where such property 
is impounded and serve the same upon the owner or upon 
the person in possession or charge of such impounded 
property in like manner with like effect as hereinabove in 
this act provided for service of notice to disinfect. The 
time within which a sale shall be had after the giving of 
the notice shall not be less than ten days : Provided, That 
in the case of perishable fruits or vegetables, the same may 
be had immediately. Sales may be either at public auction 
or private sale as in the sound discretion of the officer may 
be for the best interest of the state and the owner of 
the property to be sold. The proceeds of any such sale 
shall be applied first to the payment of the cost of making 
the sale, second to the payment of the cost and expense 
of disinfection and third to the pj^yment of accrued trans- 
portation and storage charges, if any, and the balance, 
if any, shall be paid the owner or person in charge of the 
property sold, upon demand. In case the proceeds of such 
sale be not sufficient to pay the cost of making the sale, and 
the cost and expense of disinfection, the deficiency may be 
recovered from the owner of the property disinfected in an 
action at law in the name of the state on the relation of the 
commissioner of agriculture, and the prosecuting attorney 
of the county where the property was disinfected shall, 



16 

when directed so to do by the attorney general, bring such 
action for the recovery of such deficiency. The officer 
making such sale shall make and keep a full and detailed 
record of all acts done by him with reference to such prop- 
erty, stating the name of the owner or reputed owner of 
such property when known, the location thereof, the date 
of inspection, the facts found upon inspection, the date 
and manner of giving the notice to disinfect, the failure 
of the owner or person in charge to disinfect, the disinfec- 
tion by or under the direction of the officer, the cost and 
expense thereof in detail, the date and manner of giving 
the notice of impounding and sale, the date, place and 
manner of sale, the name of the person to whom the prop- 
erty was sold, the amount of the proceeds of the same and 
the disposition made thereof, which record shall be signed 
by the officer making the same. Upon demand of the 
owner or person in charge of such property, the officer 
making the sale shall furnish him with a copy of such 
record verified under oath, and shall tender him the balance 
of said proceeds. If no demand is made upon the officer 
making such sale within thirty days from the date of sale, 
or in case the balance of said proceeds is not accepted when 
tendered, the officer shall file a verified copy of such record 
with and remit the balance of the proceeds of such sale to 
the commissioner of agriculture, who shall retain the same 
for a period of six months subject to the order of the owner 
of the property sold, and if at the end of six months such 
proceeds be not claimed and accepted by the owner or his 
order, the same shall be turned into the state treasury. 
The record required to be kept as hereinabove provided 
and the verified copy thereof shall be prima facie proof of 
the truth of the facts therein stated in any court in any 
action or proceeding where proof of such facts is compe- 
tent. 

Sec. 13. It shall be the duty of the board of county 
commissioners of each county at the time of making the 
regular annual tax levy in each year to include a tax 
upon the taxable property of such county in such an 



17 

amount as they shall find will produce funds sufficient to 
meet the expense of inspecting and disinfecting orchards, 
vineyards, berry farms, vegetable farms, nurseries, fruit 
trees, vines or bushes, ornamental trees or shrubbery, hor- 
ticultural plants, and packing houses, warehouses, dry 
houses, store-rooms, depots, docks and other places where 
fruits, vegetables or nursery stock are packed, stored, 
shipped or held for shipment or delivery or offered for 
sale within said county, which shall be inspected or disin- 
fected b}'^ or under the direction of an inspector, which 
tax shall be known as the "horticultural tax." In esti- 
mating the amount to be levied for such horticultural tax, 
the county commissioners shall take into consideration the 
expense of inspecting and disinfecting the above mentioned 
property within said county for the ensuing year and the 
amount that will be collected from levies on property dis- 
infected as in this act provided. The horticultural tax 
shall be levied and collected in the same manner as other 
general taxes and when collected shall be placed in the 
current expense fund of said county. Until the collection 
by any county of the taxes to be levied under the provisions 
of this section at the next annual tax levy after the taking 
effect of this act, the county commissioners of such county 
are authorized and empowered to cause to be paid, by 
warrants drawn upon the current expense fund of such 
county, all expenses for inspecting and disinfecting prem- 
ises or property within said county properly chargeable 
to such county under the provisions of this act, and all 
expenditures made from and warrants drawn upon the 
current expense fund of any county by order of the board 
of county commissioners of such county, subsequent to the 
repeal of section 3133 of Remington and BaUinger's An- 
notated Codes and Statutes of Washington and prior to 
the passage of this act for the purpose of paying the 
cost and expense of inspecting or disinfecting premises or 
property in such county as provided in this act, a're hereby 
validated. 

Sec. 14. The cost and expense of disinfecting any nur- 
sery, orchard, berry farm, vineyard or vegetable farm. 



18 

or any nursery stock, fruit trees, vines or bushes, shade 
trees, ornamental trees or shrubbery or horticultural plants 
growing on any premises, or any packing houses, ware- 
house, dry houses, store-rooms, depots, or other premises 
where nursery stock, fruits, vegetables or horticultural 
products are stored, situated or being prepared or packed 
for shipment or offered for sale or held for the purpose of 
delivery upon any shipment or sale, may be recovered as 
in this section provided. The officer disinfecting any 
premises or property growing upon any premises or caus- 
ing the same to be disinfected as in this act provided shall 
make and keep a full and detailed record of all acts done 
by him with reference to such property or premises, stating 
the legal description of premises upon which property 
disinfected was growing, the name of the owner or reputed 
owner, the date of inspection, the facts found upon in- 
spection, the date and manner of giving of notice .to dis- 
infect, the failure of the owner or person in charge to dis- 
infect, the disinfection by or under the direction of the 
officer, the cost and expense thereof in detail, which record 
shall be signed by the officer making the same. In case 
the cost and expense of disinfecting any premises, or the 
property growing thereon, are not paid within five days 
after the completion of the work of disinfecting, the officer 
making such record shall make and file with the county 
auditor of the county where such premises are situated 
two verified copies of the record of his acts with refer- 
ence to said premises and the charge against the same, 
and shall also file a claim of Hen against said premises for 
the amount of such charges and expenses, which said 
claim shall refer to said record. Upon the filing of such 
verified record and claim of lien the county auditor shall 
record the said claim of lien as other lien claims are re- 
corded. The county auditor shall also, at the time when 
said record and claim are filed, forthwith issue proper 
warrants in payment for labor of men employed in the 
work and fix a day for a hearing upon the report before 
the board of county commissioners, which date shall not 



19 

be less than twenty days from the date of said fiHng and 
shall prepare a notice of the filing of such record and claim 
and of the date of hearing upon the same and in all proceed- 
ings the county shall be deemed substituted to all the rights 
of laborers paid as herein provided. Said notice shall be di- 
rected to the owner, or reputed owner, and shall give notice 
of the filing of said record and claim and of the amount 
thereof and shall also give notice of the time and place when 
and where the board of county commissioners will hear and 
determine the same. The county auditor shall deliver said 
notice, together with a copy thereof, to the sheriff of the 
county in which said claim is filed and the sheriff shall 
make service thereof in like manner and with like effect as 
herein provided for the service of notice to disinfect and 
shall make return of such service upon the original notice 
and file the same with the county auditor before the time of 
hearing of the same, and he shall also certify with said 
return the amount of his fees for such service, which shall 
be the same as is provided for service of summons in 
civil proceedings. In case the amount of said claim, to- 
gether with the amount of sheriff's fees and auditor's fees, 
which shall be the same as is charged for the filing and 
recording of other liens, is paid to the county treasurer on 
or before the date of said hearing before said board of 
county commissioners, the auditor shall, upon the presenta- 
tion to him of a dupHcate receipt of said treasurer for the 
amount above specified, cancel the said hen in the records 
of his office and notify the board of county commissioners 
of his action in the premises. The county treasurer shall 
disburse the fund received by him as above provided to the 
parties entitled to receive the same according to the record 
as shown in the office of the county auditor. In case the 
amount of said claim, together with costs as above pro- 
vided, is not paid at or before the time of the hearing be- 
fore the board of county commissioners, the county auditor 
shall present a verified copy of said claim and "record to 
the said board, which shall proceed with the hearing upon 
the same and shall, if offered, hear sworn testimony con- 



20 

cerning the matter set forth in said record and claim. The 
record required to be kept by the officer disinfecting, as 
hereinabove provided, and the verified copy thereof filed 
with the county auditor, shall be prima facie proof of the 
facts therein stated in any proceedings before the board 
of county commissioners and in any court in any action 
or proceeding where proof of such facts is competent or the 
validity of such charges or any tax levied therefor is ques- 
tioned. After the hearing as herein provided for, the 
county commissioners shall make an order fixing the amount 
of such claim and costs and shall order the amount so 
fixed paid out of the current expense fund of said county, 
and the auditor shall draw warrants for the payment of 
such claim as fixed by the county commissioners. The said 
order of said board fixing the amovmt of said claim and 
costs shall be recorded by the county auditor as are other 
lien claims and shall stand as a lien in favor of said county 
against the premises therein described until cancelled as 
herein provided. In case the amount of said lien, together 
with interest thereon at the rate of six per cent per an- 
num from the date of said order of said board of county 
commissioners, is paid to the county treasurer of said 
county on or before the first Monday in October following 
the date of said order and a duplicate receipt therefor of 
said treasurer is presented to said county auditor, the 
county auditor shall cancel said claim of lien in the records 
of his office. Payment to the county treasurer as above set 
forth shall be made by presenting to said treasurer a state- 
ment over the signature of the county auditor of the 
amount due upon said claim together with the amount of 
money shown by said statement to be due. Upon said pay- 
ment being so made the treasurer shall stamp said state- 
ment as paid, showing the date of said payment, and shall 
file said statement so stamped in the records of his office; 
he shall also issue a duplicate receipt for said payment and 
shall deliver one of said receipts to the party making pay- 
ment and immediately transmit one of said receipts to the 
county auditor. In case the amount of said claim and 



21 

costs, together with mterest at the rate of six per cent, per 
annum from the date of said order of said board of county 
commissioners, is not paid as hereinabove provided, on or 
before the first Monday in October following the date of 
said order, the board of county commissioners shall, at the 
regular meeting for the levy of taxes in the month of 
October following the date of said order, make an order 
that the amount of such claim, costs and interest, to- 
gether with a penalty of six per cent, thereon, shall be a 
tax on the premises described in said claim and collected 
as other taxes are collected and said last named amount 
shall be added to the amount of taxes levied against said 
premises for current expenses. Upon the making of said 
order the county auditor shall mark the recorded order of 
said board fixing the amount of said claim of lien "can- 
celled and amount hereof charged as taxes against the 
property." Upon the collection of said tax by the county 
treasurer the same shall be credited to the current ex- 
pense fund of the county. 

Sec. 15. It shall be unlawful for any person to im- 
port into this state, sell, barter, or otherwise dispose of or 
offer for sale or have in his possession for the purpose of 
sale or barter any fruit which is or has been infected with 
peach mildew, peach twig borer, San Jose scale or other 
insect pests or the larvae of the codling moth or peach 
twig borer, and the fact that any fruit bears the mark of 
any such scale insect or is worm eaten by any such larvae, 
shall be conclusive evidence that the fruit is infected, within 
the meaning of this section : Provided, That nothing in 
this section shall be construed to prevent the grower of 
such infected fruit grown within the State of Washington 
from manufacturing the same into a by-product or selling 
and shipping the same to a by-product factory. 

Sec. 16. It shall be the duty of every person growing 
or packing and selling, offering for sale or shipping in 
closed boxes or packages, any fruit grown in this state, to 
plainl}^ mark the same on the outside of the box or package 
with the name of the vai'iety contained therein or with the 



words "variety unknown," the name of the place or locahty 
where grown and the name of the grower, or, in case of sale 
or shipment through an association or organization of 
growers, the name of such association and the lot number 
of the grower, and, in case of apples, pears or peaches, 
the net weight or the number contained in the package, and 
it shall be unlawful for any person to mark, or place upon, 
any such package the name of any other place or locality 
than the place where such fruit was grown, except the place 
to which shipped, or to falsely mark any such package 
as to variety, name of grower, association or organization, 
or place where grown, or to obliterate or change the 
original marks on any such package or to re-mark the 
same with the name of any other grower or of any other 
place than that by or in which the contents were grown, 
or in case such package is marked with the name of an 
association or organization of growers to re-mark the 
same with the name of any other association or organiza- 
tion, and it shall be unlawful for any person having in his 
possession for sale or offering for sale or selling any fruit 
grown in this state and shipped in closed packages, to re- 
pack the same in the boxes or packages of any other 
grower or shipper or from any other place, or to sell or 
offer for sale in closed packages any such fruit except 
in the original packages, or to pack in or offer for sale. 
from any marked box or package any fruit other than that 
originally contained or shipped therein. In addition to 
the marks required to be placed upon any closed package 
of fruit grown in this state, as hereinabove provided, the 
grower thereof or association or organization of growers 
packing the same, may mark upon the outside of such 
package the grade of the fruit contained therein either 
as "First Grade," "Grade No. 1," or "Extra Fancy," 
"Second Grade," "Grade No. 2," or "Fancy," "Third 
Grade," "Grade No. 3," or "C Grade," or such other 
designation as will indicate first, second or third quality 
of fruit and "Washington Standard Pack" and it shall 
be unlawful for any person to re-mark any such closed 



23 

package as a higher or superior grade than that originally 
marked by the grower thereof or association or organiza- 
tion packing the same, or for any person other than the 
grower or association or organization packing such fruit 
grown in this state to place upon any such closed package 
not marked with the grade of the contents thereof any 
mark or brand indicating the grade of such contents. 
Provided that nothing in this section shall be construed 
to apply to canned or dried fruit. 

Sec. 17. It shall be unlawful for any grower thereof or 
association or organization of growers packing apples 
to mark the package with the grade of the contents unless 
such contents shall comply with the general rules and 
regulations made, adopted, issued and published from 
time to time by the commissioner of agriculture, which 
general rules and regulations shall define and establish the 
standard for (1) "First Grade," "Grade No. 1," or "Extra 
Fancy," (2) "Second Grade," "Grade No. 2," or "Fancy," 

(3) "Third Grade," "Grade No. 3," or "C Grade," and 

(4) "Orchard Run," which general rules and regulations 
shall be adopted. Issued and published within thirty days 
after the taking effect of this act and the commissioner 
of agriculture Is authorized and directed to in the month 
of December of each year make, adopt, Issue and publish 
general rules and regulations governing the packing of 
apples and establishing and defining the grades thereof 
for the ensuing calendar year and In adopting the same 
the commissioner Is authorized to consult and advise with 
fruit growers, the officers of associations or organizations 
of apple growers or distributors or dealers In apples. 
Before making the rules and regulations for which pro- 
vision Is made In this section the commissioner of agricul- 
ture shall provide for a public hearing of horticulturists 
thereon, notice of which shall be given by mall to every 
horticultural society, growers' association or marketing 
organization which shall have filed with him a notice of 
Its existence thirty days before the date of any such 
hearing, and which shall be a resident of the State of 



24 

Washington. For the conducting of such hearing the com- 
missioner of agriculture may prescribe all necessary rea- 
sonable rules, but said rules must be such as to insure a 
fair, full and impartial opportunity for all interested dis- 
tricts to be heard. In establishing the grading rules herein 
mentioned the commissioner of agriculture shall base them 
on the necessities and proprieties as shown at said hearing, 
taking into consideration the tonnage of commercial fruit 
in each district of the state affected by the grading rules 
to be established. 

Sec. 18. It shall be the duty of every person within 
forty-eight hours after removing any cuttings or prunings 
from bacterially infected trees or plants to destroy or dis- 
infect the same by burning or scorching. 

Sec. 19. It shall be the duty of the proper state officials, 
of the board of county commissioners of each county, of 
the mayor and council or other governing officials of each 
city and town and of the officers of each irrigation district 
and school district to, in compliance with the provisions of 
this act, cause the disinfecting of all infected trees and 
shrubbery growing upon the public highways, grounds, 
canals or other public property of such state, county, city, 
town or district, and such county commissioners and muni- 
cipal officers are hereby authorized to expend the funds 
of such county or municipal corporation in carrying out 
the provisions of this section, and in case of the failure 
or neglect of any of the aforesaid officers to comply with 
this section, compliance therewith may be compelled by 
writ of mandate sued out In a superior court of competent 
jurisdiction in an action begun in the name of the state 
upon the relation of the commissioner of agriculture. 

Sec. 20. It shall be unlawful for any person, firm or 
corporation to engage In, conduct or cari'y on the business 
of selling, dealing In or importing into this state for sale 
or distribution, any nursery stock, or to act as agent, 
salesman or solicitor for any nurseryman or dealer in 
nursery stock or to solicit orders for the purchase of 
nursery stock, without first having obtained from the 



25 

commissioner of agriculture and having in force a license 
so to do, and it shall be unlawful for any person to falsely 
represent that he is the agent, salesman, solicitor or repre- 
sentative of any nurseryman or dealer in nursery stock. No 
license shall issue until the applicant therefor shall have 
paid the fee and furnished the bond, as in this act required. 
The license fee shall be five dollars for nurserymen and 
dealers in nursery stock and one dollar for agents, sales- 
men and solicitors. All licenses shall be in the name of the 
person, firm or corporation licensed, and shall show the 
purpose for which issued, the name and location of the 
nursery or place of business of the nurseryman or dealer 
licensed or represented by the agent, salesman or solicitor 
licensed, and no license shall be issued to any agent, sales- 
man or solicitor unless the nurseryman or dealer repre- 
sented shall be licensed. All licenses shall bear the date 
of issue and shall expire on the first day of July next fol- 
lowing the date of issue : Provided, That all licenses in 
force at the time of the taking effect of this act shall con- 
tinue in force during the term for which they were issued, 
unless sooner revoked, and any holder of such license apply- 
ing for a license under this act prior to the first day of 
July next following the expiration of his former license, 
shall be required to pay therefor only the proportional 
part of the fee required for an annual license for the re- 
maining portion of the year until the first day of July 
next following. 

Sec. 21. Every nurseryman or dealer in nursery stock, 
applying for a license under this act shall make, execute 
and file with the commissioner of agriculture a bond run- 
ning to the State of Washington, in the sum of one thou- 
sand dollars with surety or sureties to be approved by 
the commissioner, conditioned for the faithful compliance 
by the applicant with all of the provisions of this act and 
the laws of the State of Washington relating to the sale, 
disposition, delivery, inspection and disinfection 6f nursery 
stock grown, dealt in, imported, sold, handled or delivered 
by him during the term of the license applied for and the 



26 

term or terms of any renewal of the same, and conditioned 
further that all nursery stock sold or delivered by him 
during said term or terms shall be true to name, age, and 
variety as represented, and free from the diseases and 
pests required to be guarded against by this act. 

Every licensed nurseryman or dealer in nursery stock 
who shall have complied with the provisions of this section 
shall be entitled, upon the expiration of his license or any 
renewal thereof, by the payment of the fee of five dollars 
on or before the date of the expiration of his license or any 
renewal thereof, to have his license renewed for the ensuing 
year ending July 1st, by the giving of a bond as herein 
specified. 

The cancellation or revocation of, or the withdrawal 
of the sureties from, any bond filed in accordance with the 
provisions of this section, shall ipso facto work a suspension 
of the license of the principal of said bond and the license 
of all agents, salesmen and solicitors employed by and 
representing him, until such time as such principal shall 
furnish a new bond to be approved by the commissioner of 
agriculture. 

Sec. 22. Upon complaint in writing, verified under 
oath by the complainant, being made to the commissioner 
of agriculture, that the holder of any license in this act 
provided for has violated or failed to comply with the 
provisions of this act or the laws of the State of Washing- 
ton relating to horticulture, the commissioner, if in his 
judgment the complaint justifies a hearing thereon, shall 
serve upon the holder of such license by registered mail, 
a copy of such complaint and a notice of the time and place 
of hearing the same, which hearing shall not be less than 
ten nor more than thirty days from the date of mailing 
said notice, and shall be at such place to be determined 
by the commissioner, as shall be most convenient to all the 
parties to the hearing : Provided, In case the nursery and 
principal place of business is within this state then hearing 
shall take place in the county where the nursery or prin- 
cipal place of business is located for the attendance of 
witnesses. 



27 

The complainant and the person complained of shall 
have compulsory process to compel the attendance of wit- 
nesses at such hearing, to be issued by the commissioner. 
Hearings may be held by the commissioner in person or by 
the assistant who shall report in writing a synopsis of the 
testimony taken and his findings thereon to the commis- 
sioner for his decision. If upon such hearing or report 
it shall appear to the satisfaction of the commissioner that 
the person complained of has violated or is violating or 
failing to comply with the provisions of this act or the laws 
of the State of Washington relating to horticulture, he 
may revoke the license of such person, and no new license 
shall issue to such person until it shall be made to appear 
to the satisfaction of the commissioner that the cause of 
the complaint has been removed. 

From the decision of the commissioner revoking a license, 
or refusing to issue a new license, an appeal shall lie to the 
superior court of the county where the hearing shall have 
been held. 

Sec. 23. It shall be unlawful for any person to deceive 
or defraud any person on the sale of any nursery stock by 
substituting inferior or different varieties from those 
ordered, or to wilfully or intentionally bring into this state 
or to offer for sale or distribution within this state or to 
ship, sell or deliver upon any sale any nursery stock that 
is infected, and in case of any such deceit, fraud or sub- 
stitution, the person, firm, or corporation damaged or 
injured thereby shall have recourse against the bond filed 
by the licensed nurseryman or dealer from whom such stock 
has been purchased, for all damages sustained, which dam- 
ages may be recovered at the suit of the party injured 
against the nurseryman or dealer causing the damage and 
the sureties on such bond in any court of competent juris^ 
diction. 

Sec. 24. It shall be the duty of all nurserymen and 
dealers in nursery stock and all salesmen, solicitors and 
agents therefor to give to every person ordering any 
nursery stock a duplicate copy of such order which shall 



28 

show: (a) the name of the nurseryman from whom 
ordered and the name of the soHcitor, salesman or agent 
taking such order: (b) the season of the order and the 
date when dehvery is to be made: and, (c) the number, 
name, and price of each variety of tree or plant ordered. 

Sec. 25. It shall be the duty of every person growing 
or dealing in nursery stock to notify the commissioner of 
agriculture of his, their or its intention to ship any nursery 
stock from one point in this state to another or from any 
point without the state to a point within the state for sale 
or delivery or for planting or propagation. Such notice 
shall be made in writing and in duplicate and signed by the 
person giving the notice and shall show the name and ad- 
dress of both the consignor and consignee, and the name 
of the person or transportation company from whom the 
consignee is to receive such goods, and whether such nur- 
sery stock has been inspected and approved at the initial 
point of shipment within this state by an horticultural In- 
spector. Said notice shall be mailed not later than the 
date of shipment and the duplicate thereof shall be mailed 
to the horticultural Inspector stationed nearest to the point 
of consignment and all such shipments of nursery stock 
shall be plainly marked on the outside of the package with 
the words "nursery stock." A descriptive invoice of all 
goods shipped during the season shall be mailed to the com- 
missioner of agriculture before the first of July following 
shipment. 

Sec. 26. In the event of the shipment into this state 
from any point without this state of any nursery stock 
by a person, firm or corporation not licensed to do business 
in this state as in this act provided, it shall be the duty of 
the purchaser or person receiving such nursery stock to 
have the same Inspected by a horticultural inspector In the 
same manner as Is required upon the delivery of nursery 
stock sold and delivered by a licensed nurseryman or dealer 
In nursery stock within this state and to pay an Inspector's 
fee of ten per cent, of the invoice price of such shipment, 
provided that the minimum fee for such Inspection shall 



29 

be fifty cents and the actual and necessary traveling ex- 
pense of the inspector making the inspection : And provided 
further, That for the inspection of shipments of nursery 
stock shipped to nursei'ynien or dealers in nursery stock 
licensed under the provisions of this act to do business in 
this state, no fee shall be required. 

Sec. 27. Upon the arrival at its point of destination 
of any nursery stock shipped into this state from another 
state or country or shipped from one point within this 
state to another, it shall be the duty of the freight agent, 
express agent or the agent of the persons or transportation 
company having such shipment in charge for delivery, 
unless the same is accompanied by a certificate of inspec- 
tion and approval by a horticultural inspector of this state 
showing that the same was inspected and approved at the 
initial point of shipment within this state, to notify the 
horticultural inspector stationed nearest to the point where 
said shipment is received, of the receipt of such shipment 
giving the name of the consignor and consignee and stat- 
ing that such shipment is ready for inspection and de- 
livery. Said notification may be by telephone or telegraph, 
or by written notice delivered personally to said inspector 
or to some person of suitable age and discretion at his resi- 
dence or office, or by mail addressed to said inspector at his 
place of residence or at his office ; and it shall beunlawfulfor 
any such agent or person having such shipment in charge 
to deliver the same to the consignee or to any other person 
until the same shall have been inspected by a horticultural 
inspector: Provided, however. That such agent shall not 
be required to hold such shipment more than forty-eight 
hours after notifying the inspector as aforesaid, except in 
case the notice is given by mail, in which event such ship- 
ment shall be held for such period beyond said forty-eight 
hours as is ordinarily required for the delivery of mail to 
the address of said inspector; Ajid provided further. That 
no inspection at the point of delivery shall be necessary if 
the shipment is accompanied by a certificate of a horticul- 
tural inspector of this state showing inspection and ap- 



30 

proval at the initial point of shipment within this state as 
aforesaid, and upon the delivery of such shipment to the 
consignee, the agent or person making the delivery shall 
deliver such certificate of inspection to the consignee and 
retain the duplicate to show his authority for making de- 
livery without inspection. Any nurseryman or dealer in 
nursery stock within this state may demand the services 
of an inspector at his place of business or point of ship- 
ment during the shipping season by paying four dollars 
per day for his services. 

Upon the arrival at its point of destination of any ship- 
ment of fruit or vegetables shipped into this state from 
another state or country, it shall be the duty of the freight 
agent, express agent or agent or persons or transporta- 
tion company having such shipment in charge for delivery, 
to notify the horticultural inspector stationed nearest to 
the point where said shipment is received, of the receipt 
of such shipment giving the names of the consignor and 
consignee, and upon the delivery of such shipment to the 
consignee or his order, the agent or person making such 
delivery shall demand and receive from the person to whom 
such shipment is delivered a receipt therefor showing the 
name and address of the consignee or his order and the 
place to which said shipment is to be removed, and shall 
thereupon mail said receipt to the horticultural inspector 
stationed nearest to the point where said shipment is re- 
ceived. 

Sec. 28. No inspection of shipments of nursery stock 
as provided in the last preceding section shall be made until 
all transportation charges thereon have been paid : Pro- 
vided, however. That the agent or person having such 
shipment in charge for delivery may waive in writing the 
payment of such transportation charges prior to inspec- 
tion, and in case the transportation charges are not paid 
or waived such shipment shall be held until the same are 
paid and inspection had. 

Sec. 29. It shall be the duty of every horticultural in- 
spector upon the inspection of any nursery stock found 



31 

free from diseases and pests, to deliver to the owner or 
person in charge thereof a certificate of inspection over 
his signature, showing the date of inspection and stating 
that such nursery stock was not infected, which certificate, 
in case inspection be made at the initial point of shipment, 
shall be in duplicate, and it shall be unlawful for any per- 
son to substitute for any such nursery stock so inspected 
and approved, any other nursery stock not covered by said 
certificate, or to ship, sell or dispose of any other nursery 
stock than that actually inspected and approved, under 
such certificate of inspection, provided that the inspector 
may issue certificates of general inspection for shipment to 
points within this state in addition to the regular certi- 
ficates of inspection. 

Sec. 30. Every person violating or failing to comply 
with the provisions of this act shall be deemed guilty of a 
misdemeanor and upon conviction thereof shall be fined in 
any sum not less than $25.00. All fines imposed under the 
provisions of this act shall, when collected, be paid to the 
treasurer of the county where imposed and remitted to the 
state treasurer and placed to the credit of the general 
fund. 

Sec. 31. Whenever any person is about to or threatens 
to violate any provision of this act, the commissioner of 
agriculture may, with the advice of the prosecuting at- 
torney of the county where such violation is threatened or 
of the attorney general, begin an action in the superior 
court of such county in the name of the state upon the 
relation of such commissioner to restrain and enjoin such 
threatened violation, and in case such prosecuting attorney 
shall fail or refuse to begin such action upon the request 
of the commissioner, the same may be begun by or under 
the direction of the attorney general. In such action no 
bond shall be required for the issuance of a restraining 
order or injunction, but the state shall be liable for any 
damages occasioned by the unlawful suing out' of such 
restraining order or injunction. 



LIBRARY OF CONGRESS ^ 



020 973 135 6 

Sec. 32. The commissioner of agriculture, the assistant 
commissioner and all horticultural inspectors are hereby 
authorized and empowered to seize and hold for use as evi- 
dence any article or thing found in the possession of or 
used, held for shipment, shipped, offered for sale or sold 
by any person in violation of any of the provisions of this 
act or of any law relating to horticulture, and to serve 
and enforce compliance with any restraining order or writ 
of injunction or mandate or any other writ issued by any 
court under the provisions of this act. 

Sec. 33. It shall be the duty of all clerks, bookkeepers, 
express agents, railroad officials, employees, or employees 
of common carriers to render to the commissioner of agri- 
culture and his inspectors all the assistance in their power 
in tracing, finding, or discovering the presence of any 
article named in this act. Any refusal or neglect on the 
part of such clerks, bookkeepers, express agents, railroad 
officials, employees, or employees of common carriers to 
render such friendly aid to assist in the carrying out of 
the provisions of this act shall constitute a misdemeanor. 

Sec, 34. That all acts incorporated and enumerated 
in the following schedule, and all acts and parts of acts in 
conflict with the provisions hereof, are hereby repealed. 

SCHEDULE. 

Sections 3075, 3079, 3080, 3083,- to 3110, inclusive; 
3113, 3115, 3116, 3117, 3119, 3120, 3122 to 3127, in- 
clusive; 3131 and 3134 to 3139, inclusive of Remington 
and Ballinger's Annotated Codes and Statutes of Wash- 
ington. 

Sec. 35. This act is necessary for the immediate preser- 
vation of the public peace, health, and safety and shall 
take effect immediately. 

Passed the House March 1, 1915. 

Passed the Senate March 8, 1915. 

Approved by the Governor March 19, 1915, 



